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FERREIRA v. ASHCROFT

No. 02-16945.

382 F.3d 1045 (2004)

Manuel Joaquin Oliveira FERREIRA, Petitioner-Appellant, v. John ASHCROFT, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 26, 2003.

Resubmitted July 9, 2004.

Filed September 9, 2004.

Attorney(s) appearing for the Case

James Todd Bennett, Esq., El Cerrito, CA, for the petitioner-appellant.

Joan G. Ruffennach, Esq., Assistant United States Attorney, Phoenix, AZ, for the respondent-appellee.

Before: HUG, B. FLETCHER, and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

Manuel Oliveira is a permanent resident alien who was ordered removed to Portugal after his 1998 conviction in California state court for possession of methamphetamine. In a petition for a writ of habeas corpus, he argued that the Immigration Judge ("IJ") and the Board of Immigration Appeals ("BIA") erred in concluding that he was an aggravated felon, because his conviction was a "wobbler" offense that the state court had sentenced as a misdemeanor...

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